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1999 Supreme(Ker) 294

K.NARAYANA KURUP, T.M.HASSAN PILLAI
Manager, St. Thomas U. P. School – Appellant
Versus
Commissioner and Secretary to Government – Respondent


Judgment :-

K. Narayana Kurup, J.

Respondents 5 and 6 in the Original Petition who were the Manager and Headmaster respectively of St. Thomas U.P. School, Vakayar are the appellants. The appeal is directed against the judgment of the learned Single Judge quashing Ext. P4 and declaring that the appellants/respondents 5 and 6 in the O.P are not entitled to the protection under Art.30(1) of the Constitution of India and holding that the first petitioner is entitled to be considered for appointment as Headmistress in accordance with her seniority and qualification in the vacancy which arose on 1.7.1988. In this appeal the challenge is directed only against the finding of the learned Single Judge on the question of the minority status of the 5th respondent's educational institution. The brief facts necessary for the disposal of the Writ Appeal are as follows:

2. Petitioners/ respondents 5 and 6 in this appeal are the two senior most teachers in the first appellant's school. The aforesaid school was originally started by one P.J. Thomas who subsequently sold the school to Rt Rev. Benedict Mar Gregorious, Arch Bishop of Thiruvananthapuram (Corporate Manager, MSC Schools, Pattom). The first









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